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Telecommunications Licensing Directive No. 792/2021

Ethiopian Communication Authority792/2021

Summary

This directive establishes a licensing framework for telecommunications services, systems, and infrastructures in Ethiopia, outlining requirements, processes, and conditions for obtaining, renewing, and managing various types of licenses. It aims to ensure an effective and efficient licensing process.

Who's affected

Entities involved in operating telecommunications services, networks, or infrastructure in Ethiopia, including current and potential license applicants, and existing license holders.

Action required

Review the directive to understand licensing requirements, application procedures, and obligations for telecommunications operations in Ethiopia.

Key points

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  • Establishes a comprehensive licensing framework for telecommunications services, systems, and infrastructure.
  • Defines various license categories including Individual, Class, and Radio Frequency Spectrum licenses.
  • Outlines requirements for license applications, including registration, technical, and financial criteria.
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    • Specifies procedures for license issuance, amendment, renewal, surrender, suspension, and revocation.
    • Details conditions for radio frequency spectrum assignment and usage.
    • Addresses transfer of licenses and changes in shareholding.
    • Includes provisions for compliance, enforcement, and penalties for violations.
    • Mandates that licenses are issued in accordance with the Proclamation and other relevant regulations.
    • Specifies the duration of individual and class licenses as fifteen (15) years, and radio frequency spectrum licenses for LMR as one (1) year, with provisions for renewal.
    • Requires licensees to obtain approvals from other government agencies when necessary.

Requirements

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  • No person shall operate a Telecommunications Service or Network without obtaining a License or exemption.
  • No person shall use Radio Frequency Spectrum without obtaining a License.
  • Applicants must be registered under Ethiopian commercial registration and business licensing and/or investment laws.
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    • Applicants must meet the Authority’s technical requirements.
    • Applicants must possess sufficient financial capacity.
    • Specific information and documents are required for license applications, including registration details, business plans, technical descriptions, and financial ability proof.
    • Licensees must notify the Authority of any changes to their corporate details, network/service description, or submitted information.
    • Existing license holders must apply for and obtain new licenses under this directive.
    • Licensees must comply with license conditions and provisions of this directive and the Proclamation.
    • Licensees are responsible for obtaining approvals from other government agencies for facility installation and maintenance.
    • Licensees must not transfer or re-assign a License without the Authority’s written consent.
    • Licensees must seek Authority approval for changes in shareholding exceeding 25%.

Rights and permissions

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  • Licensees have the right to operate a Telecommunications Network and/or provide a Telecommunications Service as prescribed in their License.
  • Licensees may apply for renewal of their licenses.
  • Licensees may seek review or appeal decisions of the Authority regarding license suspension or revocation.
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    • Licensees are entitled to receive written notification regarding proposed license amendments, proposed revocation, or suspension decisions.
    • Licensees may make written submissions to the Authority regarding proposed license amendments.
    • Licensees may have their licenses renewed.
    • Licensees whose licenses are revoked may seek review or appeal the decision.
    • Licensees may apply for replacement licenses if the original is lost.
    • The Authority shall make the register of Licenses publicly available on its website.

Restrictions

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  • No person shall operate a Telecommunications Service or Network without a License or exemption.
  • No person shall use Radio Frequency Spectrum without a License.
  • A Licensee shall not provide any service or operate any facility not expressly permitted in its License.
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    • License exemptions are subject to stakeholder consultation and specific criteria.
    • Licensees shall not transfer or re-assign a License without written consent from the Authority.
    • Licensees shall not encumber, pledge, or use a License as security without prior written approval from the Authority.
    • A Licensee shall not change ownership, merge, or control if it increases a shareholder's holding to 25% or more without Authority approval.
    • ISM bands in 2.4 GHz and 5 GHz for Wi-Fi, RFID, and other low-power short-range devices are unlicensed.
    • Providers of Private Network Services cannot resell telecommunications services to the public.

Penalties

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  • Failure to provide requested additional information for a license application within thirty (30) working days is deemed a withdrawal.
  • Failure to correct inaccurate information or provide requested documents for a license application results in rejection.
  • Operating a Telecommunications Network and/or providing a Telecommunications Service without a valid License is liable to an administrative fine and an additional daily fine after an order to desist.
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    • Continuing to operate after a license expiration is liable to an administrative fine equivalent to the initial fee and an additional daily fine.
    • Contravention of the directive may result in license revocation or a fine.
    • Fines or restitution may be imposed for violations.
    • Suspension or revocation of a License may be imposed for violations.
    • Failure to renew a Radio Frequency Spectrum License results in a reminder, followed by a Notice of Forfeiture if not renewed within thirty (30) working days.

Objectives

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  • To provide a licensing framework for an effective and efficient licensing process for Telecommunications Services.
  • To establish procedures for the operation of Telecommunications systems, infrastructures, and Telecommunications Services.
  • To allow the Authority to supervise Telecommunications Operators and modify, renew, suspend, and revoke licenses.
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    • To distinguish between various types of licenses, including class and individual licenses, and their accompanying terms and conditions.

Organizations

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  • Ethiopian Communication Authority

Legal references

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  • Ethiopian Communication Service Proclamation No.1148/2019, Articles 6(2), 6(7), 20(2), 20(4), and 52(4)
  • Article 3 of the Proclamation (establishment of the Authority)
  • Article 6 of this Directive
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    • Article 20(4) of the Proclamation
    • Articles 34-37 of the Proclamation
    • Article 52 of the Proclamation
    • Council of Ministers Regulation issued pursuant to Article 52(6) of the Proclamation
Original sourcehttps://justice.gov.et/en/directives/telecommunications-licensing-directive-no-792-2021/
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